Bill Text: CA AB129 | 2015-2016 | Regular Session | Amended
Bill Title: State civil service.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB129 Detail]
Download: California-2015-AB129-Amended.html
BILL NUMBER: AB 129 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE AUGUST 24, 2015
INTRODUCED BY Committee on Budget (Weber (Chair), Bloom, Bonta,
Campos, Chiu, Cooper, Gordon, Jones-Sawyer, McCarty, Mullin,
Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams)
JANUARY 9, 2015
An act to amend Sections 18546, 18990, 18991, 18992, 18993,
19057.1, 19057.3, 19889, 19889.2, and 19889.3 of, to add Section
19889.4 to, and to repeal Sections 19057, 19057.2, and 19057.4 of,
the Government Code, relating to state civil service, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 129, as amended, Committee on Budget. State civil service.
(1) The California Constitution provides that the civil service
includes every officer and employee in the state except as otherwise
provided in the Constitution, and existing statutory law, the State
Civil Service Act, prescribes a comprehensive civil service personnel
system for the state. The act grants eligibility for promotional
civil service examinations and career executive assignment
examinations to persons who meet certain requirements and minimum
qualifications and who are employed by the Legislature, persons who
are retired from the United States armed forces, honorably discharged
from active military duty with a service-connected disability, or
honorably discharged from active duty, or persons who were employees
of the executive branch in exempt positions.
This bill would revise eligibility standards applicable to people
who were employed by the Legislature, people who retired or were
discharged from the armed forces, and people who were formerly
employed in exempt, executive branch positions, as described above,
to permit them, upon request, to obtain civil service appointment
list eligibility by taking promotional exams or career executive
exams for which they meet minimum qualifications, as specified. The
bill would eliminate the requirement that an employee or veteran, in
this context, select only one promotional examination in which to
compete when multiple examinations are given. Among other things, the
bill would also remove a time limit on this eligibility granted to
specified former employees of the Legislature and employees of the
executive branch in exempt positions.
(2) Existing law generally requires that appointments to vacant
positions be made by lists. Existing law requires, with specified
exceptions, that an appointing power receive the names and addresses
of the three persons highest on a promotional employment list for the
class in which a position belongs, and if there are fewer than three
names, as specified, additional names are provided from the various
lists next lower in order of preference. Existing law prescribes
requirements for providing names to an appointing power for positions
designated as management and specifies a method of ranking eligible
candidates in this context. Existing law prescribes requirements for
providing names to an appointing power for positions designated as
supervisory and not professional, scientific, or administrative, and
that are not examined for on an open basis, and specifies a method of
ranking eligible candidates in this context. Existing law requires
an appointing power to fill a position from the names of the persons
provided.
This bill would repeal these provisions and make conforming
changes.
(3) Existing law provides for career executive assignments to
encourage the development for well-qualified executives and requires
the State Personnel Board to establish, by a rule, a system of merit
personnel administration specifically suited to the selection and
placement of executive personnel. The State Civil Service Act defines
career executive. Existing law requires the State Personnel Board,
by rule, to provide that employees whose appointments to career
executive assignments are terminated to be reinstated to civil
service positions, as specified, at their option.
This bill would revise the definition of career executive to
eliminate the requirement that the person have permanent status in
the civil service. This bill would provide that various provisions
relating to personnel examinations don't apply to career executive
assignments unless provided for by rule, as specified. The bill would
grant reinstatement rights to employees who at the time of
appointment to a career executive assignment were not employed by the
state but who had previously worked for it and had gained permanent
civil service status. The bill would grant an employee who at the
time of his or her appointment to a career executive assignment
did not have was from outside civil
service status eligibility to compete in any promotional
examination for which he or she meets the minimum qualifications as
prescribed by the class specification, except as specified, and would
provide these employees other rights in this context, including
the right to defer examinations and to transfer
list eligibility in the same manner as civil service employees.
examination for any open eligible list, as specified,
in existence at the time of the termination of the career executive
assignment for which he or she meets the minimum qualifications of
the class to which appointment is sought. The bill would require, in
this regard, that related experience gained in a career executive
assignment be considered state civil service experience in a
comparable class, as specified.
The bill would make an appropriation from the General Fund of
$300,000 to the Department of Finance for the purpose of funding the
posting on the department's Internet Web site of all budget requests
included as part of the Governor's Budget.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18546 of the Government Code is amended to
read:
18546. "Career executive" means an employee appointed from an
employment list established for the express purpose of providing a
list of persons who are eligible for career executive assignments, as
specified in Article 5 (commencing with Section 18990) of Chapter 4
and Article 9 (commencing with Section 19889) of Chapter 2.5 of Part
2.6, in which examination, selection, classification, salary, tenure,
and other conditions of employment may be varied from those
prevailing under Chapter 3 (commencing with Section 18800) to Chapter
7 (commencing with Section 19570), inclusive, for other employees in
the state civil service.
SEC. 2. Section 18990 of the Government Code is amended to read:
18990. (a) Notwithstanding any other provision of law or rule,
persons employed by the Legislature for two or more consecutive years
shall be given an opportunity, upon request, to obtain civil service
appointment list eligibility by taking any promotional civil service
examination or career executive assignment examinations for which
they meet the minimum qualifications of the class for which they seek
appointment. Persons receiving passing scores shall gain list
eligibility or appointment. In evaluating minimum qualifications, a
person's legislative experience shall be considered state civil
service experience in a comparable class that has the same or
substantially similar duties and responsibilities as the person's
legislative position.
(b) Persons who meet the requirements of this section, but who
resigned or were released from service with the Legislature, shall be
eligible to take promotional civil service examinations and career
executive assignment examinations in accordance with subdivision (a).
SEC. 3. Section 18991 of the Government Code is amended to read:
18991. Notwithstanding any other provision of law, persons
retired from the United States military, honorably discharged from
active military duty with a service-connected disability, or
honorably discharged from active duty, shall be eligible to apply for
promotional civil service examinations and career executive
assignment examinations for which they meet the minimum
qualifications of the class to which they seek appointment. Persons
receiving passing scores shall gain list eligibility for appointment.
In evaluating minimum qualifications, the person's military
experience shall be considered state civil service experience in a
comparable class that has the same or substantially similar duties
and responsibilities as the person's position in the military.
SEC. 4. Section 18992 of the Government Code is amended to read:
18992. (a) Notwithstanding any other provision of law or rule,
persons holding, for two or more consecutive years, nonelected exempt
positions in the executive branch of government as defined in
subdivisions (c), (e), (f), (g), (i), and (m) of Section 4 of Article
VII of the Constitution and excluding those positions for which the
salaries are set by statute, shall be given the opportunity, upon
request, to obtain civil service appointment list eligibility by
taking any promotional civil service examination or career executive
assignment examination for which they meet the minimum qualifications
of the class to which they seek appointment. Persons receiving
passing scores shall gain list eligibility for appointment. In
evaluating minimum qualifications, the person's experience in the
exempt position shall be considered state civil service experience in
a comparable class that has the same or substantially similar duties
and responsibilities as the person's exempt position.
(b) Persons who meet the requirements of this section, but who
resigned or were released from exempt employment of the executive
branch of government, shall be eligible to take promotional civil
service examinations and career executive assignment examinations in
accordance with subdivision (a).
SEC. 5. Section 18993 of the Government Code is amended to read:
18993. (a) Notwithstanding any other provision of law, a
legislative or nonelected exempt executive branch employee who is
appointed to a career executive assignment pursuant to Section 18990
or 18992, shall be eligible to compete in his or her appointing power'
s promotional examinations for which he or she meets the minimum
qualifications of the class to which he or she seeks appointment.
When such an employee's career executive assignment is terminated by
the appointing power, he or she shall have the right to request a
deferred examination for any promotional eligible list that his or
her appointing power has in existence at the time of the termination
of the career executive assignment and for which he or she meets the
minimum qualifications of the class to which he or she seeks
appointment.
(b) A request for a deferred examination pursuant to subdivision
(a) shall be made no later than 10 days after the effective date of
the termination of the career executive assignment. The department
shall administer the deferred examination within 30 days of the date
of the request.
SEC. 6. Section 19057 of the Government Code is repealed.
SEC. 7. Section 19057.1 of the Government Code is amended to read:
19057.1. Except for reemployment lists, State Restriction of
Appointment lists, and Limited Examination and Appointment Program
referral lists, there shall be certified to the appointing power the
names and addresses of all those eligibles whose scores, at the time
of certification, represent the three highest ranks on the employment
list for the class, and who have indicated their willingness to
accept appointment under the conditions of employment specified.
For purposes of ranking, scores of eligibles on employment lists
covered by this section shall be rounded to the nearest whole
percent. A rank shall consist of one or more eligibles with the same
whole percentage score.
If the names on the list from which certification is being made
represent fewer than three ranks, then, consistent with board rules,
additional eligibles may be certified from the various lists next
lower in order of preference until names from three ranks appear. If
there are fewer than three names available for certification, and the
appointing authority does not choose to appoint from among these,
the appointing authority may demand certification of three names. In
that case, examinations shall be conducted until at least three names
may be certified by the procedure described in this section, and the
appointing authority shall fill the position by appointment of one
of the persons certified.
Fractional examination scores shall be provided to, and used by,
the Department of the California Highway Patrol for its peace officer
classes.
The department may, consistent with board rules, provide for
certifying less than three ranks where the size of the certified
group is disproportionate to the number of vacancies.
SEC. 8. Section 19057.2 of the Government Code is repealed.
SEC. 9. Section 19057.3 of the Government Code is amended to read:
19057.3. (a) For a position in the Department of Corrections and
Rehabilitation, there shall be certified to the appointing power the
names and addresses of all those eligibles for peace officer and
closely allied classes whose scores, at the time of certification,
represent the three highest ranks on the employment list for the
class in which the position belongs and who have indicated their
willingness to accept appointment under the conditions of employment
specified.
(b) For purposes of ranking, scores of eligibles on employment
lists for the classes shall be rounded to the nearest whole percent.
A rank consists of one or more eligibles with the same whole
percentage score.
(c) If fewer than three ranks of persons willing to accept
appointment are on the list from which certification is to be made,
then additional eligibles shall be certified from the various lists
next lower in order of preference until names from three ranks are
certified. If there are fewer than three names on those lists, and
the appointing power does not choose to appoint from among these, the
appointing power may demand certification of three names and
examinations shall be conducted until at least three names may be
certified. The appointing power shall fill the position by the
appointment of one of the persons certified.
(d) The department may, consistent with board rules, provide for
certifying less than three ranks where the size of the certified
group is disproportionate to the number of vacancies.
(e) The department may, consistent with board rules, allow for the
names of eligibles to be transferred from lists for the same class
or comparable classes where names from one list were certified under
the rule of three ranks, and names from the other list were certified
under the rule of three names.
SEC. 10. Section 19057.4 of the Government Code is repealed.
SEC. 11. Section 19889 of the Government Code is amended to read:
19889. It is the purpose of this article to encourage the
development and effective use of well-qualified and carefully
selected executives. In order to carry out this purpose, the State
Personnel Board shall establish by rule a merit system specifically
suited to the selection and placement of executive personnel. The
department shall be responsible for salary administration, position
classification, and for the motivation and training of executive
personnel. For the purpose of administering this system there is
established herewith a category of civil service appointment called
"career executive assignments." The department shall designate
positions of a high administrative and policy influencing character
for inclusion in or removal from this category subject to review by
the State Personnel Board, except that the department shall not so
designate a position in which there is an incumbent already appointed
under the provisions of this part governing employees other than
career executives.
SEC. 12. Section 19889.2 of the Government Code is amended to
read:
19889.2. The provisions of this part governing the examination,
selection, classification, and tenure of employees in the regular
civil service shall not apply to "career executive assignments"
unless provided for by State Personnel Board rule. The provisions of
this part relating to punitive actions shall apply to all employees
serving in career executive assignments, except that termination of a
career executive assignment as provided for in Section 19889.3 is
not a punitive action. State Personnel Board rules shall, at a
minimum, afford all employees whose career executive assignments are
terminated by the appointing power a right of appeal to the State
Personnel Board for restoration of his or her assignment when he or
she alleges that the termination was for reasons prohibited in
Chapter 10 (commencing with Section 19680) of Part 2.
SEC. 13. Section 19889.3 of the Government Code is amended to
read:
19889.3. (a) Eligibility for appointment to positions in the
career executive assignment category shall be established as a result
of competitive examinations. All candidates shall meet such minimum
qualifications as the State Personnel Board may determine are
requisite to the performance of high administrative and policy
influencing functions.
(b) No person employed in a career executive assignment shall be
deemed to acquire as a result of such service any rights to or status
in positions governed by the provisions of this part relating to the
civil service other than the category of career executive
assignment, except as provided by State Personnel Board rule.
SEC. 14. Section 19889.4 is added to the Government Code, to read:
19889.4. In accordance with State Personnel Board rules, the
following shall apply when an appointing power terminates a career
executive assignment:
(a) An employee who at the time of his or her appointment to a
career executive assignment was employed by the state and had
permanent civil service status shall, if he or she so desires, be
reinstated to a civil service position that is (1) not a career
executive assignment and (2) that is at least at the same salary
level as the last position that he or she held as a permanent or
probationary employee. If the employee had completed a minimum of
five years of state service, he or she may return to a position that
is (1) at substantially the same salary level as the last position in
which he or she had permanent or probationary status or (2) at a
salary level that is at least two steps lower than that of the career
executive position from which the employee is being terminated.
(b) Article 5 (commencing with Section 19140) of Chapter 5 of Part
2 shall apply to an employee who at the time of his or her
appointment to a career executive assignment was not employed by the
state but who had previously worked for the state and gained
permanent civil service status.
(c) (1) Unless otherwise provided in Article 5
(commencing with Section 18990) of Chapter 4 of Part 2, an
An employee who at the time of his or her
appointment to a career executive assignment was from outside civil
service shall be eligible to compete in any promotional
examination for which he or she meets the minimum qualifications as
prescribed by the class specification. An employee receiving a
passing score shall have his or her name placed on the promotional
list resulting from the examination or otherwise gain eligibility for
appointment. He or she shall have the right to request a
deferred examination for any promotional open
eligible list that is his or her
appointing power or the department ha s in existence
at the time of the termination of the career executive
assignment is terminated and for which he or she
meets the minimum qualifications as prescribed by the class
specification. For of the class to which he or she
seeks appointment. Whether the employee takes a deferred examination
or other open civil service examination, for purposes of
evaluating whether he or she meets the minimum
qualifications, qualifications of the class to which
he or she seeks appointment, related experience gained in a
career executive assignment shall be considered as state civil
service experience in a comparable class. Employees may
transfer list eligibility between appointing powers in the same
manner as provided for civil service employees.
(2) A request for a deferred examination pursuant to paragraph (1)
shall not be made later than 10 days after the effective date of the
termination of the career executive assignment. The department or
its designee shall administer the deferred examination within 30 days
of the date of the request.
SEC. 15. The sum of three hundred thousand dollars ($300,000) is
hereby appropriated from the General Fund to the Department of
Finance for the purpose of funding the posting on the department's
Internet Web site of all budget requests included as part of the
Governor's Budget.
SEC. 16. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.
